Md. Nausad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6622 of 2019 Arising Out of PS. Case No.-06 Year-2018 Thana- RANIGANJ District- Araria ====================================================== Md. Nausad Sah, 38 years (M), Son of Late Multan Sah Resident of Village - Kala Balua Ward No. 6, Police Station-Raniganj, District-Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-02-2019 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 21.05.2018 in a case registered for the offence punishable under Section 392 of the IPC.
The prosecution case, as per the written report of Sunil Kumar Paswan, dated 08.01.2018, submitted to the Station House Officer, Raniganj Police Station, is to the effect that on 01.12.2017, the informant was going to his house from Village Mahalawan by a motorcycle, which belongs to one Vikash Kumar Sah, but on the way, three unknown persons snatched the
Patna High Court Cr.Misc. No.6622 of 2019(2) dt.06-02-2019 2/3 motorcycle of the informant. The name of the petitioner sprang up on the self-confession of the petitioner made in another case, as well as on the confession of co-accused person. It is submitted by learned counsel for the petitioner that no recovery has been made from the possession of the petitioner and the petitioner has not been put on T.I. Parade. It is further submitted that similarly situated co-accused, Md. Asgar has been granted bail by a co-ordinate Bench of this Court, vide order dated 11.12.2018, passed in Cr. Misc. No.72698 of 2018. Moreover, investigation has already been concluded. Learned APP submits that the name of the petitioner sprang up on the confession of co-accused person.
Considering the fact that neither any recovery has been made from the possession of the petitioner, nor has he been put on T.I. Parade and the investigation has already been concluded, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 06 of 2018.
Considering the serious criminal antecedent of the petitioner, learned Court below would be at liberty to cancel the
Patna High Court Cr.Misc. No.6622 of 2019(2) dt.06-02-2019 3/3 bail bonds of the petitioner if he defaults for two consecutive occasions, or if he substantially involved in some serious nature of offence.
(Dinesh Kumar Singh, J) Amrendra/- U T